My Lords, in debating this clause, I am conscious of the absence of the late Lord Avebury, which was mentioned by the noble Baroness, Lady Whitaker. I was saddened, as were others, on hearing of his death. I know that he was a committed and forceful advocate for the rights of the Gypsy and Traveller community, and I hope that together we can do justice to his memory.
I thank all noble Lords for their amendments. I understand their reasoning, which seeks to ensure that local authorities have an explicit duty to assess the accommodation needs of Gypsies, Travellers and Travelling showpeople. I emphasise that this clause does not remove that duty.
I turn first to Amendment 82H, tabled by the right reverend Prelate the Bishop of St Albans. The Government’s intention is to ensure that the assessment of accommodation needs is seen to be fair to all. We know that some feel that a specific mention of Gypsies and Travellers in legislation relating to such assessments somehow accords them more favourable treatment. We want to combat that impression which, as my noble friend Lord Lansley mentioned, only adds to misunderstanding between the Traveller and settled communities, not to remove the duty to assess the needs of Gypsies and Travellers. Their needs will be assessed, but in a way that is seen to be fair to all.
The aim therefore is to simplify legislation to ensure that the housing and accommodation needs of all the residents and those who resort to an area are considered without specific reference to particular ethnic groups. The clause makes it clear that the needs of those persons who reside in or resort to an area with respect to the provision of caravan sites and moorings for houseboats are considered as part of the review of housing needs. This would include all those who are assessed at present and potentially those who simply choose to live in a caravan, irrespective of their cultural traditions or whether they have ever had a nomadic habit of life. We recognise that for many, but for Travelling showpeople in particular, this assessment needs to include consideration of not only residential accommodation but also space for the storage of equipment—I am speaking particularly about Amendments 82GD and 82GE. That is why we have published draft guidance that makes this explicit.
The definition in Planning Policy for Traveller Sites relates to the provision of sites and is relevant for those seeking planning permission for Traveller sites. The definition is based on proof of nomadism and ensures that planning provision relates to specific land use requirements. The duty in the Housing Act is about assessing the housing and accommodation needs of all in the community and those who resort to it, including those with or without an existing nomadic way of life and those who wish to resort to caravan and houseboat dwelling. We would not wish to align the housing definition with the planning definition as it would limit the scope of the assessment to those who proved an existing nomadic lifestyle. I hope that this reassures the right reverend Prelate the Bishop of St Albans, who raised these points.
Noble Lords and others have rightly raised concerns about human rights, and we are ever mindful of our obligations under both domestic and international law regarding the treatment of protected groups. Therefore, before proposing this clause Ministers gave very careful consideration to their public sector equality duties and the need to ensure that local authorities understand their duty to assess the needs of those living in houseboats and caravans. This includes those with protected characteristics such as Romany Gypsies and Irish Travellers, for whom it is recognised that caravan-dwelling is a cultural part of their identity. We have therefore published draft guidance explaining how the needs of such groups should be considered under this revised legislation. We want local authorities to assess the needs of everyone in their communities, and our clause
emphasises that Gypsies, Travellers and Travelling showpeople are not separate members of our communities. I hope Lord Avebury would have agreed with me that they should be treated fairly.
The noble Lord, Lord Beecham, asked whether my honourable friend the Housing Minister in the other place had responded to a letter from the London Assembly Group. I can reassure him that the Minister responded and explained that the changes in the Bill would not impact on how local authorities assess their needs. Local plans need to be found sound before they are adopted. This means that they should be positively prepared, based on a strategy that seeks to meet objectively assessed development and infrastructure requirements.
The noble Lord, Lord Beecham, the right reverend Prelate the Bishop of St Albans and the noble Baroness, Lady Bakewell, asked whether any change led to more unauthorised encampments. I can reassure them that the change in legislation is about local housing authorities assessing accommodation needs. It for local planning authorities to ensure that their local plans address the needs of all types of housing and the needs of different groups in the community.
The right reverend Prelate the Bishop of St Albans raised concerns about local authorities ignoring needs. If a public authority does not comply with the general duty under Section 149 of the Equality Act 2010—the public sector equality duty—its actions or failure to act can be challenged by judicial review. He also asked what consultation was undertaken on the draft guidance. Officials in the department and my noble friend the Minister, who is in her place on the Front Bench, have engaged with the Gypsy and Traveller communities through liaison groups, which meet every few months. The guidance is published in draft, so we are continuing to engage with representatives from the Travelling communities. I hope that reassures noble Lords on that point.
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The right reverend Prelate also raised the question of how a “household” is defined. It is for a local authority to ensure that it considers the combination of needs of its community. The guidance is clear that this covers the needs of households from all sectors of the community, whatever that household might look like. Local housing authorities will be able to consider how best to assess that need in summary. With these explanations and assurances, I hope that the noble Baroness will agree to withdraw this amendment.